PROPERTY LAW

RAISING THE ROOF

FOUR years ago I had a double garage built on the side of my house with the intention of making an extra bedroom above it at a later date. I obtained the necessary planning permission, had all the searches done at the town hall and the foundations were checked by a council inspector. They’ve now discovered that the garage is built over a main drain, so I can’t proceed. The council is blaming the architect and vice versa. I’d have moved house if I’d known that an extra bedroom was out of the question. IT would seem on the face of it that you may be able to claim compensation. You will have to establish a breach of a duty of care and/or a breach of an implied contractual term to perform a contract with reasonable care and skill on the part of the council, the architect or the builder: perhaps all three. I think however that you will need detailed help from a solicitor to establish whether or not there is a case. Bear in mind that the primary limitation period for bringing such claims is six years from the accrual of the cause of action.

TAKING NO NOTICE

WE lived in a flat for seven years, paying the rent every month without fail. When we moved out we gave two months’ notice in writing stating we would leave the keys with a neighbour. However in March we got a solicitor’s letter saying the landlord hadn’t received our written notice and demanding three months’ rent. ASSUMING you were entitled to end the tenancy on two months’ notice a court would have to decide whether or not you actually sent the letter to your landlord. Your unblemished payment record would no doubt be taken into account. I take it you used your deposit in lieu of paying your final month’s rent, which should have given your landlord advance warning of your intentions. If you receive a County Court claim you should contest it.

DRAIN ON RESOURCES

A NEIGHBOUR whose outbuilding backs on to my field has fixed his drain pipe so that the water from the roof discharges on to my land. Has he any right to direct rainwater on to my property, and what action should I take? THERE’S occasionally a clause in the title deeds to some properties permitting the owners to discharge water on to neighbouring property. But these clauses are usually found in the titles of terraced or semidetached properties where there are shared gutters and downspouts. While your neighbour is permitted to take reasonable steps to protect his property from flooding, he must not do so in a manner which results in the flooding of your property. If the water from the drainpipe is causing issues, you should consult a solicitor for advice regarding your position.

A LITTLE HELP GOES A LONG WAY

I WANT to make a will. Do I have to employ solicitors to do it, or can I just buy the forms myself and provide my own witnesses? YOU can draft the will yourself, but any solicitor who has seen the effect that incorrectly drafted wills can have on the families left behind would advise you against it. Since a simple and straightforward will drawn up by a solicitor is likely to cost you a few hundred pounds I would strongly suggest this is something you shouldn’t skimp on. For your money you will receive a document which will avoid any of the legal pitfalls that might make it invalid, as well as invaluable advice on the implications of what you are proposing for your family and friends.